Marietta moves to dismiss councilman's building height case

A decision whether to allow Marietta City Councilman Philip Goldstein build a five-story building on Marietta Square is on hold while his attorneys respond to the city’s motion to dismiss the case.

The city maintains that Goldstein has not yet applied for a building permit or gone through the permitting process. Goldstein’s attorneys argued that the councilman would ultimately be turned down for a permit because his building would be higher than the new height ordinance allows. On Tuesday, Superior Court Judge George Kreeger gave his attorneys 10 days to review the city’s motions.